Criminal Law & Procedure Flashcards

Miranda warnings are required before statements obtained through:

Answer: Custodial interrogation

Miranda applies only when a suspect is both in custody and subject to interrogation.

After a suspect unambiguously invokes the right to counsel during custodial interrogation, police may resume questioning without counsel present when:

Answer: The suspect himself initiates further communication

Under Edwards, questioning must stop unless the suspect initiates contact or there has been a 14-day break in custody under Shatzer.

The Sixth Amendment right to counsel is 'offense-specific,' meaning it attaches to:

Answer: The charged offense and any offense that is the same under the Blockburger test

McNeil and Texas v. Cobb hold that the right applies only to charged offenses and offenses that are the same under Blockburger.

In a jury trial, jeopardy attaches when:

Answer: The jury is empaneled and sworn

Under Crist v. Bretz, jeopardy attaches in a jury trial once the jury is empaneled and sworn.

Under Brady v. Maryland, a due process violation occurs when the prosecution suppresses evidence that is:

Answer: Favorable to the accused and material to guilt or punishment

Brady requires disclosure of favorable, material evidence regardless of the prosecution's good or bad faith.

Under Batson v. Kentucky, once a defendant makes a prima facie case that a peremptory strike was race-based, the burden shifts to the prosecutor to:

Answer: Offer a race-neutral explanation for the strike

The prosecutor must give a race-neutral reason, and then the court decides whether purposeful discrimination occurred.

An indigent misdemeanor defendant has a Sixth Amendment right to appointed counsel when:

Answer: A sentence of actual imprisonment, including a suspended sentence, is imposed

Scott v. Illinois and Alabama v. Shelton tie the misdemeanor right to actual or suspended imprisonment.